Visitor Question

Rear Ended at a Red Light While on My Motorcycle…

Submitted By: Karli (CA)

I was sitting at a stop light, with the car behind me the whole time the light was red. Once the light turned green the car behind me floored it and ran into me. He told the cops, “I saw cars start to go, so I went.” His car’s front tires were almost off the ground with the back part of my bike jammed under his bumper.

I wasn’t significantly injured, but my back and neck have been bothering me since and I have a knot and some bruising on my legs. The “other” insurance company is paying for the damages because I only had liability and medical at the time. They are telling me that they can’t pay for my bike and have a limit of $5,000 which includes damage, tow, storage, and rental car (which I did not receive).

I only had my motorcycle for 11 days. Shouldn’t they pay for the whole thing?

They are calling it a total loss and said they might not be able to cover it all. That isn’t fair to me, why should I come out of this accident having to pay anything for my damages?

I should get paid for pain and suffering as well right?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Karli,

Regrettably, in California the minimum amount of automobile insurance people can carry is 15/30/5.

This means:

• $15,000 for injury or death of one person.

• $30,000 for injury or death of more than one person.

• $5,000 property damage maximum for one accident.

Which means if the driver who hit you has the minimum policy limits the total amount available for the repair or replacement of your bike is $5,000.00 dollars.

Just because the at-fault driver’s limits appear to be $5,000.00 dollars for property damage doesn’t mean that’s all you can get.

You have a right to sue him for the difference between what his insurance company pays and the amount of money necessary to replace your bike.

To be able to recover an amount for pain and suffering you will would have to have incurred medical bills. In addition to the medical bills, your injuries must be serious and have persisted for some time.

If you are now suffering pain and discomfort see a doctor. In addition to the property damage there is up to $15,000.00 dollars available in personal injury compensation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 9, 2011

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